Business of Law

Expert Analysis

• Series

  AGs In A Pandemic: Healey Talks Mass. Worker Safety

  

  Massachusetts Attorney General Maura Healey explains how her office is responding to workplace safety concerns and ensuring businesses are following health directives during the pandemic, despite such enforcement being outside her office's traditional portfolio.

• The Problem With Collectability In Legal Malpractice Cases

  

  Attorneys are routinely immunized from malpractice actions when they represent plaintiffs pursuing claims that are not collectable, but an Illinois federal court's recent refusal to protect defense counsel in Newman v. Crane Heyman highlights inconsistency in collectability requirements, says Timothy Parilla at Palmersheim & Mathew.

• Series

  BigLaw Cannot Reap Diversity Rewards Without Inclusion

  

  BigLaw firms often focus on increasing their diversity numbers, but without much attention to equity and inclusion, minority lawyers face substantial barriers after they get their foot in the door, says Patricia Brown Holmes, managing partner at Riley Safer.

• Series

  How Law Firms Can Hire And Retain More Black Attorneys

  

  The pipeline of Black lawyers is limited, so BigLaw firms must invest in Black high school students, ensure Black attorneys receive origination credit and take other bold steps to increase Black representation in the industry, says Benjamin Wilson, chairman at Beveridge & Diamond.

• Series

  Ideas For Closing BigLaw's Diversity Gap

  

  If enough law firms undertake some universal diversity best practices, such as connecting minority lawyers to key client relationships and establishing accountability for those charged with spearheading progress, the legal industry could look a lot different in the foreseeable future, says Frederick Nance, global managing partner at Squire Patton.

• Series

  Advancing Racial Justice In The Legal Industry And Beyond

  

  In addition to building and nurturing a diverse talent pipeline, law firms should collaborate with general counsel, academics and others to focus on injustices within the broader legal system, says Jonathan Harmon, chairman at McGuireWoods.

• Series

  BigLaw Needs More Underrepresented Attorneys As Leaders

  

  Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

• Guest Feature

  Diversity Work Doesn't Have To Be Reserved For Partners

  

  Serving on my firm's diversity committee as an associate has allowed me to improve access, support and opportunity for minority attorneys at the firm, while building leadership skills and fostering meaningful relationships with firm management and industry professionals, says Camille Bent at BakerHostetler.

• The Progression Of COVID-19 Force Majeure Litigation

  

  Recent cases showcase the force majeure questions that courts are tackling in relation to COVID-19, ranging from ambiguous definitions of key contract terms to landlord arguments against application of force majeure, say attorneys at Baker McKenzie.

• 4 Opportunities For Mediators To Settle Big-Dollar Cases

  

  A few specific stages of complicated, multimillion-dollar matters — ranging from prefiling to the beginning of trial — present unique opportunities for mediators to persuade the parties to compromise and lay the foundation for settlement, say Robert Fairbank and Kimberly West at Fairbank ADR.

• Remote Proceedings Bring New Wrinkles For Court Records

  

  Parties and courts using remote videoconferencing should carefully consider how they will preserve a clear record of the proceedings, and the potential impact an official video record may have on appellate review, say Christopher Green and Sara Fish at Fish & Richardson.

• Cross-Selling Strategies For Law Firms During Pandemic

  

  Law firms can grow revenue during the COVID-19 crisis by facilitating communication among complementary practice groups, soliciting client feedback and engaging in other cross-selling activities that build on existing client bases, says consultant David Freeman.

• Atty Media Interview Lessons From Trump's Axios Appearance

  

  The recently broadcast interview of President Donald Trump with Axios political reporter Jonathan Swan provides a dramatic example of how not to answer media questions and presents four lessons to attorneys preparing for press coverage, says Michelle Calcote King at Reputation Ink.

• Why Remote Depositions Are Likely Here To Stay

  

  As attorneys and their clients realize it is possible to conduct video depositions just as smoothly as in-person sessions while eliminating travel, catering and other costs, they will likely demand that remote procedures remain in place even after the pandemic is contained, says Darren Goldman at Becker & Poliakoff.

• 7 Keys To Drafting Effective Legal Briefs

  

  Bo Pearl at Paul Hastings explains how eliminating clunky transitions, mixing in short sentences, and making a few other tweaks can increase the persuasive power of legal briefs.